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Click here for the full text of this decision FACTS:The appellant, Paul Brown, individually and on behalf of all other persons similarly situated, appeals the trial court’s grant of summary judgment against them. Brown was an at-will employee of Sabre Inc. when Sabre sold part of its operations to Electronic Data Systems Corp. (EDS) in 2001. After Brown accepted employment with EDS but while he was still working at Sabre, Sabre allegedly changed its vacation policy by stating that employees would not be paid for any vacation that would be honored or assumed by EDS. Brown received his final paycheck from Sabre, which included payment for two-and-one-half weeks of vacation that had accrued in 2001 for use in 2002. However, he did not get paid for 16 days that represented the amount of accrued vacation earned in 2000 to be taken in 2001, but which Brown had not taken prior to his transition to EDS. Although disputed by Sabre, Brown alleges that when he left Sabre and began working for EDS, EDS did not offer him his Sabre accrued vacation time or pay him for the time equivalent of the earned vacation time, as had been represented by Sabre as a part of the Sabre/EDS contract. As a result, he filed suit against Sabre under a breach of contract theory. HOLDING:Affirmed. The court examines the employee handbook and surrounding circumstances to determine if a valid contract existed between Sabre and Brown regarding Sabre’s vacation policy and vacation pay. “[T]he macroscopic view of this case is that of an employee who does not have a written employment agreement; who relies on an employee manual that Texas law disfavors as forming contractual obligations, particularly when, as here, a specific disclaimer is involved; and who relies on a single memorandum which he says changed a policy -a policy that could be amended by the very manual on which he relies.” The court finds a disclaimer in the employee handbook demonstrates Sabre’s clear intent not to create any binding contractual rights through its employee handbook. Brown argues that the vacation policy contained in the handbook was not voluntary and that it expressly provided that vacation is earned monthly and credited annually. This ignores the undisputed fact that the disclaimer applied to the handbook as a whole, and therefore all of the vacation policies were voluntary and could be altered, amended, modified or terminated by Sabre at any time. It also ignores the fact that the specific issue of payment for unused time is a policy decision on how to pay, not whether to pay. Brown earned his vacation time; he did not earn the right to be paid for unused vacation time if he resigned. This is a policy which could be, and was, modified by Sabre, the court determines. Brown also argues that Sabre’s Memorandum to Transitioning Employees confirmed Sabre’s obligation to pay accrued vacation. Even when viewing this memorandum favorably to Brown, the vacation policy remained voluntary, and no breach occurred when Sabre did not pay Brown for the unused accrued vacation, the court states. Any contract existed between Sabre and EDS, not between Sabre and Brown. The memorandum was merely explanatory and did not modify the voluntary nature of the policy. No contract existed between Sabre and Brown, the court concludes. OPINION:McCoy, J.; Dauphinot, Walker and McCoy, JJ. Dauphinot, J., concurs without opinion.

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